Trademark cancellation and opposition proceedings are initiated by parties who believe they will be or are harmed by the registration of a certain trademark. The Trademark Trial and Appeal Board (TTAB) of the USPTO adjudicates these proceedings. The main difference between the two proceedings is that cancellation proceedings are filed against existing registrations and opposition proceedings are filed against pending …
Can You Obtain a Trademark Registration For a Sound?
Certain sounds, that utilize auditory elements including music notes and voices, may be protectable under US trademark law. These marks are referred to as sound marks. A sound mark refers to distinguishing audio that companies or businesses use to set themselves and their products apart in the marketplace, similar to a word or design trademark. Some well-known sound marks include the …
What to Do If Someone is Infringing on Your Trademark
Trademark infringement is the unauthorized use of a trademark or a service mark on or in connection with goods or services in a manner that is likely to cause confusion as to the source of the goods or services. Trademark infringement can result in the loss of goodwill in a brand, the weakening of the brand’s recognition, and the loss …
Who Should Be Listed as the Proper Owner of a Trademark Application?
A trademark application must properly identify the correct owner of the trademark. Not doing so may invalidate the application or resulting registration. There may be no remedy for listing the wrong owner of a trademark on an application, other than starting the entire process over. Whether you are an individual, own your own business, are in a partnership, or belong …
Important Information Regarding Trademark Scams
Trademark owners should be aware of the existence of trademark scams. These scams include letters, emails, and phone calls designed to appear as if they are coming from an official source or agency, even from the United States Patent & Trademark Office, fraudulently attempting to obtain payments from trademark owners. It is important to be aware of how to identify …
How to Avoid Trademark Infringement
A trademark can be one of the most valuable assets of a business. If you have infringed on a third party’s trademark rights, it can have a significantly negative impact on your business. It is important to understand what constitutes trademark infringement to know how to avoid it and take proactive steps to prevent it. What is Considered Trademark Infringement? …
How to File a UDRP Complaint
Who Can File a UDRP Complaint? A Uniform Domain Name Dispute Resolution Policy (UDRP) complaint may be filed by a trademark owner who is involved in a domain name dispute. A domain name dispute may occur when there has been third-party use of a trademark within a domain name that is identical or confusingly similar to a trademark owner’s mark …
The Scope of Trademark Protection for Word Marks vs. Logos
It is a common misconception that applying for trademark protection for a logo (referred to as a stylized mark) also provides full protection for any text contained in the logo. While there is some protection for the text contained in a logo, there are some limitations. An application for a stylized trademark provides protection for the design elements as well …
What to Do If Your Trademark is Rejected
If a USPTO examining attorney believes that your trademark does not comply with the trademark registration requirements, your trademark application will be rejected. This could be for a number of reasons, such as a likelihood of confusion between your mark and another registered trademark, your mark failing to function as a trademark, or your mark being perceived as descriptive or …
Six Common Mistakes to Avoid When Registering a Trademark
Before a trademark application is submitted to the United States Patent and Trademark Office, a large amount of time and money may have already been invested into the selection of the mark. The process of trademark registration can take 18 months or more. Mistakes on a trademark application can, at best, cause further delay and require additional expense, and at …
